Daubert watch: Admissible police practices testimony in a personal injury case

From: dauberttracker.com


4. Bates vs. King County
Date of Decision: 5/9/2007
Jurisdiction: Federal
Docket Numbers: C05-1348RSM
Court: Washington, Western District
Judge(s): RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE.


Case Summary:

Plaintiff, Byron S. Bates, filed an action for damages and municipal liability against defendants King County, et. al., The plaintiff alleged that he was shot and injured at the time of his arrest by a deputy and asserted that King County failed to sensitize its police personnel on best police practices. The plaintiff proffered the testimony of Lee Libby, as an expert witness in police practices.The defendants filed a motion to exclude the testimony of Mr. Libby.

The court found that Mr. Libby had applied reliable methods to collect and analyze information related to this case and had followed proper procedures for a police practices expert.The trial court held that Mr. Libby's testimony would help the trier of fact to assess the reasonableness of the deputies' actions and the internal investigation performed by King County. The trial court observed that the probative value of Mr. Libby's testimony as to proper police officer and police department conduct was not substantially outweighed by any unfair prejudice, potential for confusion of issues, or danger of misleading the jury. Motion to exclude denied.